U.S. District Judge Richard Story issued an order Monday denying the request by the DeKalb County school district and the board chairman for a preliminary injunction. Story also said he plans to refer questions about the law to the Georgia Supreme Court.

The district and board chairman last month filed a lawsuit challenging the law that allowed Republican Gov. Nathan Deal to remove the school board members in the troubled school district, the state’s third-largest.

Deal last week signed an order suspending the six board members and has appointed a panel to find replacements. The suspended board members can still petition the governor to reinstate them.